Spouse or Child of a Japanese National

In case Spouse/Child of Japanese visa holder got divorced from his/her Japanese spouse or his/her Japanese spouse was deceased.

In case that you obtained Spouse/Child of Japanese visa status as a spouse of a Japanese national but you got divorced or were separated by death from a Japanese spouse, you need to report your divorce or spouse’s death to the Immigration Office within 14 days after the event occurs.

In this situation, you are obtaining Spouse/Child of Japanese but are not a spouse of a Japanese national any more – so you will need to change your visa status to relevant one if you would like to continue to reside in Japan after your divorce or your spouse’s death. Applicable visa status would be Long-term Resident or any other visa status depending on your situation >> LIST of VISA STATUS.

If you are not applicable to any visa status, you will need to leave Japan – in that case, the Immigration Office will grant you Designated Activities visa status (the period of stay will be one month in general) for preparation of departure from Japan.

If you stay over 6 months in Japan without reasonable grounds after the event occurs, you are subject to be revoked your visa status. We recommend to consult a professional for your case as soon as possible (or in advance of the divorce).

Your visa status would not be revoked in case you are applicable to the following;

• You are suffering from domestic violence (DV) and you need to evacuate or to be protected temporarily.
• You are currently living separately from the Japanese spouse for the support of your child but the spouse still keeps supporting you and your child.
• You are staying outside Japan obtaining Re-entry Permit (or Special Re-entry Permit) to look after sick/hospitalized relatives in your country.
• You and your spouse are in the middle of divorce mediation or divorce proceedings.

(A) Spouse of a Japanese national

This is applicable to a foreign national who is legally (both in your country and in Japan) married to a Japanese national. In addition, your marriage has to be “substantial”; you and a Japanese spouse must be found as a married couple residing and make living together, helping and supporting each other with a good relationship.

If you and your Japanese spouse are not considered as a married couple legally, substantially and socially , the immigration office will not grant you a Spouse visa – fake marriage is not allowed.

• Common-law marriage (de facto marriage) is not applicable.
• You and your Japanese spouse have been in legal marriage in each country (in your country and in Japan).
• You cannot obtain this visa status based on the past marriage to a Japanese national. You and a Japanese spouse must be “in the state of being married” at the time of application.
• Unless there are reasonable grounds, husband and wife must reside, support and make living together and as a married couple.

Basically, this visa is to be issued to live together with the Japanese spouse living in Japan based on the relationship married to a Japanese national. The applicant’s guarantor and visa sponsor must be his/her Japanese spouse living in Japan.

You or your spouse has to be financially stable enough to make living in Japan and you need to certify the financial stability by documents like bank statement, documents to prove your/your spouse’s income etc.

(B) Adopted Child (by Special Adoption; 特別養子) of a Japanese national

This is applicable to a child adopted by a Japanese national pursuant to the provisions of Article 817-2 of the Civil Code of Japan.
This adoption is so called “Special Adoption (特別養子)”, which establishes the parent-child relationship separating from the biological parents according to judgement of the Family Court (家庭裁判所).

(C) Child of a Japanese national

This is applicable to a foreign national who is biological (both legitimate and illegitimate) child of a Japanese national. Not including adopted child which doesn’t fall under (2) above.

Also, ：

1. Father or mother was a Japanese national at the time of the child’s birth.
2. Father was deceased before the child was born, and the father was a Japanese national at the time of death.
3. Father or mother was renounce the Japanese nationality after the child was born.

It doesn’t matter whether the child was born in Japan or not.
It is not applicable in case that the father or mother obtain Japanese nationality after the child was born (the father/mother is not a Japanese at the time of the child’s birth).

[Remarks]
Regarding a minor child (up to 19 years old) who was acknowledged by the father/mother (excluding a child who was a Japanese national previously), the child can obtain Japanese nationality in case that the father/mother who acknowledged the child was a Japanese at the birth of child and either one of below;

• the father/mother is still a Japanese national, or
• the father/mother was a Japanese national at the time of death.

NOTE

• Any supporting documents to prove the eligibility for the visa status etc. should be provided based on the situation.
• All the documents written in foreign languages need to attach translation into the Japanese language.
• Additional documents may be required during the screening at the Immigration Office after submitting the application.
• Any certificate of Japanese authorities (Tax/Income Certificate, Certificate of Residence, Certificate of Company Register etc.) has to be the one issued within 3 months before the date of application.